Q. What are the equivalent citations for The Public Prosecutor, Madras vs Pingali Mallikarjuna Kota Paneswara Rao ?

The equivalence citation are(1945) 2 MLJ 575 ; 1946 MWN 85 ; AIR 1946 MAD 173 ; LQ/MadHC/1945/308 ;

The Public Prosecutor, Madras Vs. Pingali Mallikarjuna Kota Paneswara Rao On 08 November, 1945

Q: Q. What was the bench assigned for the case The Public Prosecutor, Madras vs Pingali Mallikarjuna Kota Paneswara Rao?

HONBLE MR. JUSTICE KUPPUSWAMI AYYAR

Open iDraf

The Public Prosecutor, Madras v. Pingali Mallikarjuna Kota Paneswara Rao

The Public Prosecutor, Madras
v.
Pingali Mallikarjuna Kota Paneswara Rao

(High Court Of Judicature At Madras)

Criminal Revision No. 473 Of 1945 & Criminal Revision No. 435 Of 1945 | 08-11-1945

(Prayer: Petition (disposed of on 8-11-1945) under Ss. 435 and 439 of the Code of Criminal Procedure, 1898, praying the High Court to revise the judgment of the Court of the Additional First Class Magistrate of Bandar in C.C. No. 126 of 1944.)

This is a revision petition filed by the Public Prosecutor with regard to the sentence passed by the Additional First Class Magistrate of Bandar in C.C. No. 126 of 1944 on his file. The accused was convicted of an offence punishable under S. 409 I.P.C. and found guilty and dealt with under S. 562 Cr. P.C. The offence is one punishable with transportation for life and therefore the case could not be dealt with under S. 562 Cr. P.C. The sentence therefore is illegal and has to be set aside. Taking into consideration, however the fact that the accused who is only 19 years of age and who was employed in the Rationing Office has not only lost his job but lost all his chances of being employed in Government service in future, and as he also has returned the money, it will be sufficient if he is sentenced to imprisonment till the rising of the Court. He is accordingly so sentenced. The sentence will be undergone in the Court of the Additional First Class Magistrate of Bandar.

Advocates List

For the Appearing Parties V.L. Ethiraj, The Public Prosecutor, B.S. Ramachandra Rao, Advocate.

Bench List

HON'BLE MR. JUSTICE KUPPUSWAMI AYYAR

Eq Citation

(1945) 2 MLJ 575

1946 MWN 85

AIR 1946 MAD 173

LQ/MadHC/1945/308

HeadNote

Criminal Procedure Code, 1973 — S. 435 — Sentence passed under S. 562 Cr. P.C. in a case punishable with transportation for life — Revision petition filed by Public Prosecutor — Held, sentence is illegal and has to be set aside — Taking into consideration, however, the fact that accused who was only 19 years of age and who was employed in Rationing Office has not only lost his job but lost all his chances of being employed in Government service in future, and as he also has returned the money, it will be sufficient if he is sentenced to imprisonment till the rising of the Court — Criminal Trial — Sentence — Revision